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Quigley Demands Answers on Treatment of Trans Detainees at the Border

May 12, 2022

U.S. Representative Mike Quigley (IL-05), a member of the House Appropriations Committee, questioned Customs and Border Protection (CBP) Commissioner Chris Magnus about what policies and procedures are in place to ensure the safety and protection of trans individuals in their custody. Quigley has previously raised concerns involving the mistreatment of trans detainees at the border, and led 30 House Democrats in calling to end to the detention of transgender people and individuals living with HIV. Quigley's questions came during a hearing held by the Appropriations Subcommittee on Homeland Security concerning the department's FY 2023 budget request.

Video of Quigley's questioning is available HERE.

A transcript of the discussion is provided below:

QUIGLEY: Thank you. And I'll shorten this look—I led a letter focused on trans individuals that are far more likely to seek asylum in the United States due to their vulnerability and the discrimination and acts of violence. I led a letter in July asking for their release due to increased risk to their health and well-being. In a letter to Department of Homeland Security, I also inquired about the policies the department has in place for trans migrants. Can you detail a little bit what policies and procedures CBP have in place to ensure the safety and protection of particularly vulnerable trans individuals in custody?

MAGNUS: Thank you for the question, Congressman, and assuring the safety of anyone in our custody is one of--its key to our mission. This is part of what defines us as humanitarian care providers. And so with individuals who identify as whether it's trans or any other part of the LGBTQ community, first and foremost, we want to have them in a situation where they're safe and where they can talk about their particular situation in a medical environment where they have privacy, where they know that they can give the information and not be worried about whether they're talking to somebody in a uniform which could be perceived as intimidating in some way. So the intention then is on a case by case basis to make the—and really with their choosing to some degree—do they want to be detained in an environment where there by themselves? If so, that's something we can arrange for. But again, the goal is to keep them as safe as possible.

QUIGLEY: Sure and I think it makes sense given the problems—the really severe problems that have taken place for trans individuals in detention. We would request that you look at particularly more options to detention for those given their vulnerability and again, the problems that have taken place through the last several years.

MAGNUS: Thank you for that feedback. And I think the other piece of this, Congressman is assuring that our personnel have the necessary training, which we are working on, to assure that they understand the particular needs of members of the LGBTQ community and which includes trans community.

QUIGLEY: We appreciate your consideration in this matter. Thank you for your service.